Kirby Lumber Corp. v. Laird

The question under Texas law is whether an adverse claim asserted on the basis of possession by a Tenant is broken by the Tenants attornment to the rightful Owner when the Owner knows of the adverse claim, and the adverse-claimant-Landlord knows of the attornment. By evidence vouched for and binding on Laird and that which we must accept under the jurys verdict in his favor, the situation is simple: Kirby owned the land. In 1932 Laird began possession of a tract, initially four, shortly expanded to approximately seventeen acres and fenced in and a home built on it by him. Griffin (Lairds brother-in-law) and his wife resided on the place, occupying this home as his Tenants, the rental being the care of Lairds minor daughter, cultivation of crops and the general care of the place during his extended absences.